Home Buyer`s Guide - The Athens Real Estate Company

Ohio Department of Commerce
Division of Real Estate & Professional Licensing
Home Buyer’s Guide
How to Make the Most of Your
Home Buying Experience
OHIO DEPARTMENT OF COMMERCE
DIVISION OF REAL ESTATE & PROFESSIONAL LICENSING
John R. Kasich
Governor
David Goodman
Director
The Division of Real Estate & Professional Licensing is a state agency within the Ohio Department of
Commerce. The Division licenses and regulates real estate brokers and sales associates who arrange for the
sale or lease of real estate, as well as real estate appraisers. Regulation of real estate brokers, sales associates
and appraisers is intended to ensure that they conduct their business in a legal and ethical manner.
The laws dealing with real estate can be complicated. Frequently, problems arise simply because the
parties involved do not understand the importance of each step of a transaction. The Ohio Division of Real
Estate & Professional Licensing has assembled this booklet to assist you with the home buying process. In
addition, you might want to utilize the services of professionals in the real estate industry. Professionals such
as real estate agents, real estate appraisers, real estate attorneys and qualified inspectors can assist you with and
advise you on the details of your purchase.
The Division is pleased to provide the information in this booklet as a service to the general public. In
addition, the Division offers an online look-up service at www.com.state.oh.us, which allows you to check the
status of real estate agents you may be considering. This guide is intended as general information only. The
Ohio Division of Real Estate & Professional Licensing does not and can not warranty or guarantee the accuracy
or availability of the content of this booklet. References to third parties are provided exclusively for convenience and are not and should not be interpreted as an endorsement, sponsorship or recommendation of the
third party. You should consult your personal attorney, real estate or tax professional for details and advice on
your specific situation. Should you need to verify the licensure of a real estate salesperson or brokerage, or
need information about filing a formal complaint with the Division, you may contact the Division at 614-4664100, e-mail at [email protected] or visit the Web site at www.com.state.oh.us.
Table of Contents
Financing Your Purchase ..................................... 5
Monthly mortgage payment table
Where to get financing
Loan pre-approval
The More You Know............................................. 3
Minimize hassles with knowledge and planning
Why Buy? .............................................................. 3
Should You Use a Real Estate Agent? ................. 3
Choosing an agent
What Do You Want? ............................................. 4
Things to think about as you look for your home.
Building a new home
How Much Can You Afford? ............................... 4
Monthly housing budget table
Get Your Financial House in Order .................... 4
Checking you credit report.
Attention to the Details ......................................... 7
Looking carefully at the house
Residential Property Disclosure
Stygmatized property (Megan’s Law)
Your Credit Rating ............................................... 4
Tips for establishing good credit
The Home Buying Transaction ............................ 8
The steps to closing the deal
Equal Opportunity in Housing .......................... 10
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The federal income tax code also offers several
advantages for home owners. The biggest typically comes
When buying a home, as with most endeavors, the
more you know, the easier it will be. Proper planning will from the deduction for mortgage interest paid. For
help you to focus on what you want out of your real estate instance, if you are making a $1,000 monthly mortgage
payment of which 80 percent goes toward interest, you
purchase. Furthermore, planning will help you anticipate
can deduct around $9,600 a year. Property taxes are also
and prepare for requests from brokers, lawyers, lenders
deductible as are loan origination fees or points and house
and a host of other professionals. This will allow you to
buying expenses such as legal fees and administrative
complete your transaction with a minimum of hassles.
costs. Consult a tax professional for details. or visit
(See appendix A for a checklist.)
www.mysocietyonline.com/visitors.
Unlike rent, which can increase annually, most
Why Buy?
mortgages have fixed or capped monthly payments.
It is important, first of all, to decide why you want to
This can provide the financial security that comes from
purchase a home. For instance, home ownership offers
knowing what your housing expenses will be from
several advantages over renting. It can be a strong
year to year. Home ownership also allows you to tailor
investment, comes with significant tax advantages, offers
your environment to match your individual tastes and
fixed housing expenses, gives you control over your
needs. Of course, this means that you are responsible
environment and provides several intrinsic benefits such as
for all of the repairs and maintenance on the property,
pride of ownership, security and independence.
while if you rent, your landlord likely maintains the
property and takes care of any problems.
The More You Know
Selecting a Real Estate Professional
Advantages of Ownership
• Potential Price Appreciation
• Tax Deductions
• Control Over
Your Environment
• Stable Living Costs
Though no law requires the use of one, a licensed
real estate agent can provide a wide range of services
and advice to assist you with the home buying process.
In addition to finding available properties, the agent
may be helpful in other ways.
A good real estate agent will assist you with all the
steps of your real estate transaction. He or she will be
well acquainted with all the important things you’ll want to
know about a neighborhood you may be considering, such
as what schools are in the district. The agent can supply
information on real estate values, taxes, insurance, utility
costs and municipal services and facilities.
All the financial details that can seem so mindboggling to first-time home buyers are something the
agent deals with daily. He or she will help you figure
the price range you can afford, explain the advantages
and disadvantages of different types of mortgages and
guide you through the paperwork. The agent can help
you prepare an offer to purchase and help with negotiations. The agent can also be of assistance with
lining up financing and inspections and during the
closing process.
How do I choose a real estate agent? Many
people choose an agent on the recommendation of
family or friends. You may also search the Division’s
More than just a place to live, the real value of home
ownership comes from owning a piece of real estate that
can increase in value over time. Historically, homes
appreciate in value and a profit can be made on the sale
of your home. Each monthly house payment you make
goes toward paying off your loan and earns you a greater
percentage of, or equity in, your home. Monthly rent
payments earn you no equity and cannot later be recovered, as mortgage payments can, when you sell.
This means it is important to examine a house’s
potential payoff as well as its curb appeal. How much a
home increases in value depends on many different things,
like the neighborhood, its age and upkeep and the
strength of the housing market. As with other investments,
you may also lose money. For example, if you only
possess your home for a short time before having to sell,
your property may not have appreciated enough to
recapture your closing costs.
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web site at www.com.state.oh.us/real, or contact the
local Board of REALTORS for help finding an agent
with the experience you require. The Ohio Association of REALTORS and the National Association of
REALTORS each maintain Web sites that also provide
a great deal of useful information. To visit their sites,
go to www.ohiorealtors.com or www.realtor.com.
Once you have found a real estate agent with
whom you are comfortable working, he or she, prior to
conducting any business on your behalf, will provide
you with the Consumer Guide to Agency Realtionship.
This form is provided to help you understand the role
of the real estate agent in your real estate transaction.
It is also intended to help you understand the role of
other agents who may be involved in your transaction.
This form is required by law in the state of Ohio and
does not in any way constitute a contract between you
and the agent. Read this form carefully.
Get Your Financial House in Order
Since most people, especially first-time home
buyers, must finance part or all of their home purchase
with a mortgage, it is very important to have a good
credit rating. The best loan terms are reserved for those
individuals with the best credit history. The worse your
credit rating, the higher your interest rates will likely be,
and the more points you may have to pay to secure your
loan.
Frequently, people don’t start to think about credit
until they are ready to purchase a home. For many, this
is too late. It is often recommended that for at least one
year prior to purchasing your home, you should assure
that every credit card bill, rent and utility check, car
payment and other debt is paid in full and on time. It is
also a good idea to get a copy of your credit report from
one or all of the three credit reporting agencies:
Equifax, www.equifax.com; Experian, www.experian.com;
or TransUnion, www.transunion.com. This will let you
check for any discrepancies and correct any errors that
may have a negative impact on your ability to secure
financing.
How Much Can You Afford?
Most lenders suggest devoting no more than 30
percent of your gross monthly income to housing
expenses. A house payment typically has four components: principal, interest, taxes and insurance or PITI,
which are all rolled into your mortgage. The following
table can give you an idea of what you might be able
to afford based on your gross income.
Your Credit Rating
• Length of Credit History: Having had credit
accounts for a long time is a positive factor, because
your history gives lenders information to evaluate how
you typically use credit and repay your debts. Credit
reports with approximately 30 years of history are
considered optimal. Meanwhile, up to 7 years of credit
history is considered short, and less than 3 years of
history is considered too little.
• Credit Accounts: A high amount of previous
credit is a positive factor because it indicates to lenders
that other lenders have trusted you by lending you
money in the past. (Note: This is different from high
credit card limits. If you are not utilizing the entire
limits of your cards, reducing the limits or your total
number of cards can improve your credit score.) Conversely, having a low amount of credit is a negative
factor because it indicates that either you are just starting to use credit or you have missed payments in the
past. If you are just starting to use credit, lenders do not
have information to evaluate how you typically use
credit and repay your debts.
• Payment History: Missing payments is a
negative factor. Some cases are worse than others. For
example, if you have not missed any payments recently,
Calculating Affordability
Annual
Gross
Income
$20,000
$25,000
$30,000
$35,000
$40,000
$45,000
$50,000
$75,000
$100,000
Monthly
Gross
Income
$1,1667
$2,083
$2,500
$2,917
$3,333
$3,750
$4,167
$6,250
$8,333
30% of
Monthly
Income
$500
$625
$750
$875
$1,000
$1,125
$1,250
$1,875
$2,500
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Financing Your Purchase
lenders may think you are (or have
become) responsible and do not
(or will no longer) miss payments.
Also, missing payments on only a
few accounts is not as harmful as
missing payments on most or all of
your accounts, because lenders
realize that many people miss a
payment (or pay late) once in a
while. Also, missing a single
payment is not as harmful as
missing several consecutive payments because many
lenders consider missing 3 or more consecutive payments
as an indication that you may not repay them. Finally, it is
not as harmful to miss payments on accounts with low
balances as it is on accounts with high balances because
lenders stand to lose less money on low balances if they
remain unpaid.
• Credit Usage: High balances are a negative
factor (except for some types of installment loans such as
mortgages and auto loans), because lenders worry that
you are living beyond your means and may not be able to
repay them. This is particularly true with credit card debts.
Lenders do evaluate how much you owe (your debt) in
relation to how much you earn (your income). Meanwhile, low balances are a positive factor because lenders
do not stand to lose too much if you become unable to
repay them. Never using your credit cards, however, may
be considered a negative factor. First, it does not provide
lenders with information about how you typically use
credit and repay your debts. Second, it also means that
you have a lot of available credit, which you may decide
to use if you experience financial trouble.
• Credit Applications: When you apply for any
type of credit (such as a mortgage, auto loan, credit card,
department store card, etc.), the lender considering your
application checks your credit history, and it is noted on
your report as an “inquiry.” Although inquiries are a natural
result of applying for credit, lenders dislike seeing many
within a short period of time. This is because it is hard for
them to determine whether you are applying with different
lenders in search of the best offer or if you are desperately
trying to obtain credit because of financial trouble. Remember, making many applications in a short period of
time could hurt your credit score. Therefore, try to limit
your comparison to a small number of lenders when
“shopping” for the best offer.
Nearly 90 percent of home buyers finance their
purchase. That means virtually all buyers require some sort
of loan. The real issue with real estate financing isn’t getting
a loan (virtually anyone willing to pay lofty interest rates can
find a mortgage). The issue is getting the loan that is right
for you – one with the lowest cost and best terms.
The vast majority of home loans are secured with a
mortgage. A mortgage makes the home itself the security
for the loan. The buyer receives the deed from the seller,
and so becomes the legal owner, but the buyer gives the
lender the right to take possession of the house in the event
the buyer defaults on the loan. There are several types of
available mortgage options, which your agent can assist you
with. Following are some terms to be familiar with.
• Loan Term: The life, or length of a mortgage is
typically 30 years, but 15 and 20-year loans are also
available. A longer term means a lower monthly
payment but higher total interest paid.
• Principal: This is the sum of money borrowed
to buy your home. Before the principal is financed, you
can give the lender a sum of cash called a down payment to reduce that amount.
• Interest: Usually expressed as a percentage
called the interest rate, interest is what the lender
charges you to use the money you borrow.
• Point(s): Additional loan costs are often expressed in points. A point is one percent of the financed amount of the loan. These costs are generally
rolled into your mortgage payment.
• Fixed-Rate Mortgage: With a fixed-rate
mortgage, your interest rate stays the same for the term
of the mortgage. Your principal and interest payment
remains stable, making it easier to plan a monthly
budget. Initial interest rates tend to be higher than with
other types of loans, but protect you from the risk of
rising interest rates.
• Adjustable-Rate Mortgage: ARMs usually
offer a lower initial interest rate than do fixed rate
loans, but your rate and payments can go up or down,
depending on which way interest rates in general are
going.
• Private Mortgage Insurance (PMI): Lenders
typically require a down payment of 20 percent. If your
down payment is less than 20 percent, your lender
considers your loan riskier than those with larger down
payments. To offset that risk, lenders will need the
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Per-Month Payments (Based on a 30-Year Loan)
Loan Amount
$50,000
$60,000
$70,000
$80,000
$90,000
$100,000
$110,000
$120,000
$130,000
$140,000
$150,000
6%
$300
$360
$420
$480
$540
$600
$660
$720
$780
$840
$900
6.5%
$325
$390
$455
$520
$585
$650
$715
$780
$845
$910
$975
7%
$350
$420
$490
$560
$630
$700
$770
$840
$910
$980
$1,050
7.5%
$375
$450
$525
$600
$675
$750
$825
$900
$975
$1,050
$1,125
mortgage guaranteed by an outside organization such
as the Veteran’s Administration, the Federal Housing
Administration or a private mortgage insurer. This
protects the lender against any mortgage defaults.
Without it, many buyers could not otherwise afford to
buy a home. You can usually cancel your PMI when
your equity in you home reaches around 20 percent.
Ask your insurer for complete details.
• Mortgage financing can be obtained from
mortgage bankers, mortgage brokers, savings and loan
associations, mutual savings banks, commercial banks,
credit unions, and insurance companies. To apply for a
loan you must complete a written loan application and
provide supporting documentation such as pay stubs,
tax returns and rental checks.
The table above details what you could expect to
pay per month for a given loan amount at the given
interest rate. This table is based on a 30-year term.
• Should I be pre-approved for a loan? Before
you begin to make offers on properties, it might be in
your interest to get pre-approved for a loan. Preapproval means you have met with a loan officer, your
credit files have been reviewed and the loan officer
believes you can readily qualify for a given loan
amount with one or more specific mortgage programs.
Based on this information, the lender will provide a
pre-approval letter, which shows your borrowing
power.
Although it is not a final loan commitment, the
pre-approval letter can be shown to the listing agent or
seller when bidding on a home. It shows you have the
ability to go through with a purchase, which is important because sellers do not want to accept an offer that
is likely to fall through because financing cannot be
obtained.
8%
$400
$480
$560
$640
$720
$800
$880
$960
$1,040
$1,120
$1,200
8.5%
$425
$510
$595
$680
$765
$850
$935
$1,020
$1,105
$1,190
$1,275
9%
$450
$540
$630
$720
$810
$900
$990
$1,080
$1,170
$1,260
$1,350
9.5%
$475
$570
$665
$760
$855
$950
$1,045
$1,140
$1,235
$1,330
$1,425
10%
$500
$600
$700
$800
$900
$1,000
$1,100
$1,200
$1,300
$1,400
$1,500
What Do You Want?
Each of us is different, so it is important to formulate a list of the features and benefits you want in a
home. Consider things such as pricing, location, size,
amenities and design. It often pays to attend several
open houses where sellers open up their homes to
potential buyers. You can see a variety of options to
help you develop a list of your requirements. The
attached worksheet can provide you with a framework
as you begin your search. (See Appendix B for Wants
and Needs Worksheet.)
These issues should also be considered as you
narrow your search:
• Quality and availability of schools
and libraries;
• Immediacy of shopping, religious centers and
recreation facilities/parks;
• Property tax rates, income tax rates and other
community expenses as compared with similar
homes in other neighborhoods;
• Utility expenses, trash collection and sewage
disposal. Past utility expenses are available
from the utility company;
• Availability of public services such as police
and fire protection;
• Local zoning ordinances and condition of
other properties in the neighborhood;
• Proximity to work.
Next, it is important to consider your priorities. If
you can’t get a home at your price with all the features
you want, then what features are most important?
6
• Condition and age of the roof – are there any
leaks or recent repairs? If only part of the roof
was repaired, will the rest cause trouble?
• Are the roof gutters and downspouts correctly
installed and in good repair? Do they drain
properly?
• Are the interior walls solid and suitably finished?
Is there any evidence of leaks or cracks?
• Are the floors firm and level? What about the
condition of floorboards and supports? What
type of flooring is under carpeting/other floor
covering?
• Do the ceilings sag or have evidence of leaks or
cracks?
• Are stairs and door frames level and well
joined? Are windows and doors properly
maintained and do they open and close easily?
• Is there any evidence of termites or dry rot?
• What is the condition of the plumbing system?
Check for suitable water pressure and drainage.
• What is the condition of the heating and cooling
system? Is it noisy? Is it forced air, gravity, gas
or electric?
• What is the condition of the electrical system?
Is there enough power and adequate outlets for
your needs? What is the fuse arrangement?
• Is the property well drained? Landscaped?
• Is the foundation in good condition? Is there
any evidence of excessive cracks or uneven
settlement? Is the basement dry?
• In what condition is the attic or crawl space? Is
there evidence of leaks or dry rot? Does the
insulation meet specifications?
• Check driveways, decks and patios for signs of
problems.
Would you trade a big kitchen for more bedrooms?
A bigger yard for a shorter commute? Write out this list
and share it with your agent. (See Appendix B.) This will
help your agent limit the search to only those houses of
interest to you.
If you look at more than a few homes, they can
quickly become a blur. To help keep track, refer to
your list of priorities and make notes of which of your
desired features are in each house. It is easiest to do
this on the listing sheets with all of the information
about the property that your agent provides you. Take
pictures or videos of each house, and afterwards
compile a worksheet based on your priorities and rate
each house’s features.
Building a new home presents its own set of
complications. First, you must find a
reputable builder who is involved
in an area in which you
would like to live. Then
you must evaluate various
lots within the development
and select a floor plan which
suits your needs.
Frequently, the builder will
have its own financing package, which
you will want to compare against other
mortgages from various lenders. If the
home comes with a warranty, be sure to read
it
carefully and note what is covered and for how
long. And always have the home inspected by a
professional third party.
It is very important to find out what is included
with the basic home and what are considered upgrades.
Don’t assume what you see in the builders model is all
standard. Most builders offer a wide range of options
from doors and windows to flooring to countertops
and fixtures.
Lead Paint: Old lead-based paint is the most
significant source of lead exposure in the U.S. today. Most
homes built before 1960 contain heavily leaded paint.
Some homes built as recently as 1978 may also contain
lead paint. In houses built prior to 1978, the seller is to
provide notice that if lead based paint exists, it may
present a danger, provide a lead-based paint disclosure
form (www.hud.gov/lea/leadsale.html), and provide
information on hazards from inspections in the sellers
possession. You may want to have all painted surfaces
tested for the presence of lead. For more information visit
www.hud.gov/offices/lead/healthyhomes/lead/cfm.
Attention to the Details
Once you have begun to narrow down specific
properties, look carefully at each house, examining the
physical details, construction and neighborhood. You
may also want to have a qualified home inspector visit
the house before you close on the deal. One place to
look for an inspector is the American Society of Home
Inspectors, 800-743-2744, www.ashi.com. Whatever
you decide, you should pay particular attention to the
following:
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Toxic Mold: Contamination can lead to a variety
of health and respiratory problems. Make certain your
inspector checks attics and crawl spaces for leaks and
moisture that could support mold. For more information
visit www.toxicmold.homestead.com/Basic.html.
Radon: This is a colorless, odorless gas that,
when trapped in buildings, can be harmful at elevated levels. Ask your inspector if Radon is a
problem in your area and if it will be part of the
inspection. For more information visit www.epa.gov/
ebtpages/airindoorairpollution.html.
Asbestos: Prior to the 1970s, asbestos was used
in many different insulation and fireproofing applications. You can’t tell whether a material contains
asbestos simply by looking at it unless it is labeled.
If in doubt, treat the material as if it contains asbestos or
have it sampled and analyzed by a qualified professional.
A professional should take samples for analysis, since if
done incorrectly, sampling can be more hazardous than
leaving the material alone. Material that is in good
condition and will not be disturbed
(by remodeling, for example) should
be left alone. Only material that is
damaged or will be disturbed should
be sampled. For more information visit
www.epa.gov/iaq/pubs/asbestos.html.
• Residential Property Disclosure Form: The seller must disclose the
condition of the property in the Residential
Property Disclosure Form
(www.com.ohio.gov/real/forms.aspx.)
Unless otherwise advised, you can assume that the form
says the seller doesn’t know nything more about the
property than a careful inspection would show. If the
Disclosure is not provided, the buyer has the right to
rescind the Offer to Purchase by whichever comes first:
closing or thirty days after seller accepts buyer’s offer.
• Stigmatized Property: Though the Disclosure Form includes only material issues, many home
buyers are also interested in less tangible facts.
Stigmatized property is property that is in some way
tainted--for instance, by a crime which may have
occurred there. Legally, the seller is not obligated to
disclose these issues.
To guard against discovering this kind of
information after you have purchased your home,
you should ask questions. If you ask a question about
which the seller or his agent has information and it is not
disclosed, you may then have recourse.
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The greatest protection comes from doing research--or having research done on your behalf--about
the property in which you are interested. For instance,
Megan’s Law notifications are public record. You may
consult the county sheriff’s office for information regarding instances of Megan’s Law notifications of sexually
oriented offenders residing in the neighborhood in which
you are interested. Visit www.meganslaw.org for more
information and ask your agent about additional instances of stigmatized property.
Steps in the Home Buying Transaction
Once you make the decision to buy a particular
house, there are several phases remaining in the process
that must occur before you become its legal owner.
Offer to Purchase. You, as the
prospective buyer, must
sign an offer to purchase
the property. This is an
extremely important
document. When the
seller accepts it, it becomes a contract and you can be
compelled to buy the property on the terms stated. (See
appendix C for a checklist of steps in the offer to
purchase.)
Most real estate agents use standard forms for
offers, on which they fill in the exact terms. You
should be very careful about what is written. The
terms of the offer will become the terms of the sale if
it is accepted. For this reason, it is advisable to have
a real estate attorney prepare or review your offer for
you. While this is an additional expense, the cost of
attorney fees if legal action results will be much
higher. Visit www.ohiobar.org for more information.
the following terms:
• The total price you agree to pay;
• Anything in the house or attached to it you
intend to buy. Many misunderstandings arise
over this. If you want the appliances, drapes,
carpets, fireplace tools, or anything else to
remain with the house, it must be included in
your offer;
• The amount of down payment you will make;
• The amount of earnest money accompanying
the offer;
• How long after the offer is accepted you will
have to arrange financing;
• When the transaction will “close” or title will
transfer;
• When you will take possession of the property;
• Provisions for title searches, insect, structural
and other inspections.
Payment of deposit, or earnest money. A
deposit is put down upon acceptance of the offer. You
initially determine the amount of the earnest money
deposited. While you are not required to make such a
deposit, one is usually made to indicate to the seller
how serious you are about buying the property.
The seller may require a larger deposit to insure
that interest on your part. The final amount may be
the result of negotiations between you and the seller.
When using an agent’s services, the real estate
brokerage will hold this deposit. If the sale goes
through, it is usually applied to the purchase price. If
the offer is not accepted, you are usually entitled to a
refund of your deposit. If the transaction does not
close, there may be a dispute over who is entitled to
the deposit. The matter could wind up in court for
resolution.
The contract may
contain terms for the
return or forfeiture of any
earnest money deposit.
Therefore, you should read
this section of your offer
carefully.
Acceptance of the offer. When using an agent’s
services, the agent will present your offer to the seller.
If after making this offer you decide you do not want
to purchase the property, you may revoke the offer, but
only if it has not been accepted. If it has not, and you
want to revoke your offer, you should immediately
notify your real estate agent. If you cannot contact the
agent, try to contact the seller directly. Any oral
revocation of an offer should be put in writing as soon
as possible.
Many legal problems can arise from revocation.
If possible, you should deliver a written notice with a
witness, and carefully note the time of delivery and
obtain a signed receipt of the notice. If your offer is
accepted, there is a contract between you and the
seller. Either of you can go to court to compel the
other to perform per the contract.
During the period of time from acceptance of the
offer until the title actually transfers at the closing, you
as the buyer are considered to be the “equitable owner”
of the property. This may mean that if the property is
damaged (for example, by a fire) the buyer might bear
the risk of the loss as of the date the offer is accepted.
However, many purchase agreements provide that the
seller is to maintain insurance on the property up until
closing. If it does not, you should consider obtaining
insurance at once.
Title examination and inspections. Most
purchase agreements are conditioned upon a title
search that guarantees that there are no liens on the
property, including whether the seller is involved in a
bankruptcy. This is done by professionals who examine the records of the transfers of ownership of the
property, mortgages, and other claims on it. If someone else has a claim to the property, the seller’s title to
it is not “clear.” You are not obligated to complete the
purchase in that case. Your real estate attorney can
evaluate the title and advise you if it is clear or not.
You may also want title insurance, which protects you
up to the purchase price of the property in the event
that title to the property is found to be invalid. This is
often purchased with a onetime fee at closing time.
If a termite or other kind of inspection is called
for, it is made before closing. If you have any doubts
as to the condition of the property (such as roof,
furnace, plumbing, etc.), you should make the favorable inspection a condition of the contract. Without
such a contingency, an unfavorable inspection will not
be grounds for failing to purchase the property.
Arranging financing. You are expected to
arrange financing as soon as possible after your offer
has been accepted. If you haven’t been pre-approved,
loan processing can take from 30 to 90 days. If a
broker or salesperson is involved in the transactions
they may assist you. (See, “Financing Your Purchase”
pg. 5.)
Obtaining insurance. Lenders typically will not
let you close the deal on your home purchase if you do
not have home insurance. If you have not already
obtained insurance you will need to do so now. The
companies you deal with for your other kinds of
insurance may also be able to insure your home, but
here too, it could pay to shop around. Visit
9
www.ohioinsurance.org or www.ohioinsurance.gov for further information.
Closing. In many parts of Ohio, this is done in a face-to-face meeting of the buyer, the seller, the real estate
agents, the lawyers, and the representative of the lender. The meeting usually takes place at the lender’s office.
All the papers are signed and exchanged, and the seller is paid. The buyer will generally have to pay money at
the time to cover the down payment and closing costs. The lender should provide you with a good faith estimate
in advance of the closing so that you will be aware of how much money will be required, as well as acceptable
methods of payment. In most cases this will need to be by certified or cashier’s check, made out in advance.
In some parts of Ohio, the closing is done through an “escrow agent.” The agent is given all the documents
and payments, and when everything is complete, performs the exchange of money and title. The escrow agent
acts as the agent for both parties, and is paid by both. In this case there is no face-to-face meeting.
It is extremely important that you read all documents presented to you at the closing before signing them.
Once you have signed them, it is presumed you agree with, and are subsequently bound by, the terms therein.
Ask your real estate agent about obtaining a copy of these documents before the closing so that you may review
them at your leisure.
Recording. To establish your clear title to the property, the deed you receive must be recorded in the
Recorder’s office of the county where the property is located. This will usually be done by the escrow agent, the
lender, or by your attorney. You should be sure this has been arranged and will be done as soon as possible after
the closing. Request a copy be provided for you.
Equal Opportunity in Housing
Ohio and federal law both prohibit discrimination in the buying, selling, or renting of real estate based on race, color,
religion, sex, ancestry, military status, disability, familial status, or national origin. The law covers discrimination in offering,
showing, selling and renting houses, apartments, condominiums, and cooperatives. Anyone who feels that he or she has been
discriminated against should contact the Ohio Civil Rights Commission or the U.S. Dept. of Housing & Urban Development.
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APPENDIX A
APPENDIX C
Homebuyer’s Checklist
Offer to Purchase Checklist
Real Estate Agent
Mortgage Budget
Self Credit Check
Loan Pre-Approval
Wants and Needs Worksheet (See appendix B)
Real Estate Attorney
Offer to Purchase (See appendix C.)
Deposit of Earnest Money
Housing Inspections
Appraisal
Structural Inspection
Termite Inspection
Title Search
Arrange Financing
Obtain Insurance
Homeowner’s Insurance
Title Insurance
Private Mortgage Insurance
Closing
Record the Deed
Step 1: Prepare to make an offer.
Revisit the neighborhood at various times of
day and night.
Talk with prospective neighbors to discuss
what it is like to live in the area.
Review:
Market value of the home
Home’s condition
Any special circumstances
APPENDIX B
Wants and Needs Worksheet
Price Range
$_________ to $_________
Age of Home
__New __Existing (___years old)
House Size
________ square feet
Rooms
# Bath___ # Bed___
__ Finished Basement
__ Den/Study
__ Dining
__ Family
__ Living
__ Laundry
__ Porch
__ Deck/Patio
__ Garage
__ Other _________, _________
Heat
__ Gas __ Electric __ Oil
__ Forced Air
__ Radiator
Extras
__ Air Conditioning
__ Ceiling Fans __ Fireplace
__ Alarm System __ Dishwasher
Range: __ Gas __ Electric
__ Refrigerator
Driveway: __ Asphalt __ Concrete
Step 2: Review loan pre-qualification.
Finalize the exact amount you can pay for a
home.
Seek advice from your real estate agent, the
Ohio Association of Realtors, or your county
auditor’s office regarding comparable homes
in the neighborhood and any other relevant
information.
Step 3: Make an offer
Submit purchase and sale agreement to your
real estate agent. This document should
include:
Description of property
Price offered
Amount of down payment
Earnest money
Financing
Contingencies, including inspections
Closing date
Occupancy date (date you take
possession)
Length of time offer is valid
Any other requirements based on advice
from your real state agent or other
professional
Step 4: Seller response
Acceptance
Counteroffer
Rejection
The Ohio Department of Commerce is an Equal Opportunity Employer and Service Provider.